Co-Habiting can seriously damage your wealth and may mean you cannot raise any young stepchildren if your partner dies before you
Tuesday, June 28, 2011 at 9:22AM
It is unfortunate but the Law does not recognise co-habitees as next of kin. If you are living together and raising your partners children together with your partner if they were to die then you may have those children taken away to live with a member of your partner’s family. Step children do not inherit (unless they are adopted by you) or you are mentioned on a Parental Responsibility Agreement.
Fathers do not automatically have Parental Responsibility. Mothers ALWAYS have unless it is taken away (usually by the Court) or the child is adopted away.
Fathers have Parental Responsibility if they are married to the mother at the time of birth or later and the birth is re-registered (if the name is not on the birth certificate) or they have a Parental Responsibility Agreement with the Mother (usually this is something drawn up by the Court) or the child is born after 1 December 2003 and the Father is registered on the birth certificate.
Those Fathers who may not have Parental Responsibility are:
1. Unmarried Fathers where the child was born before 1 December 2003
2. Step-Parents (unless there is a Parental Responsibility Agreement)
A Father who wishes to become the Guardian of any minor stepchildren can gain Parental Responsibility by either:
a) Marrying the Mother
b) Setting up a Parental Responsibility Agreement with the Mother
c) Applying to the Court for a Parental Responsibility Order
d) Being appointed as Guardian IN THE WILL OF THE MOTHER
If your Partner dies before you the Law does not recognise you as next of kin if you are not married or have a civil partnership. All you would be entitled to is any jointly owned property IF YOU HAVE NO WILL.
These issues can be solved by Marriage or a properly drafted Will whereby all your individual circumstances can be assessed.
If you are interested in having a Will, Kidwells offer a 30 minute free consultation to discuss your options. For all enquiries please contact Fiona Davies or e-mail fd@kidwellssolicitors.co.uk


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